DEVKABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Invoking appellate jurisdiction of this Court under Section 23 of the Railway Claims Tribunal Act, 1977 (1987) (hereinafter referred to as, 'the Act' for short) the appellants have filed this appeal calling in question the legality, propriety, correctness and validity of the judgment dated 6- 1-99, passed by Railway Claims Tribunal, Bhopal in O.A. No. 57/97, dismissing the application filed by the appellants for compensation on account of death of Ganpat who is alleged to have died in an accident or an untoward incident as defined under Sections 123 and 124-A of the Act.

(2.) The facts which led to filing of this appeal shortly narrated are that the claimants-appellants filed an application under the Act for a compensation of Rs. 2,00,000.00 claiming themselves to be the legal representatives of deceased Ganpat who died while travelling in a train from Indore to Mhow.

(3.) The case of the appellants before the Claims Tribunal in short was that deceased Ganpat was a bona fide passenger of train No. 581 UP Ajmer-Kachiguda Express for travelling from Indore to Mhow on 15-2-1996. When deceased Ganpat entered in the compartment, the train moved suddenly without giving any whistle or any other warning. Because of the jerk, the hands of the deceased slipped from the bar which he was holding. As a result, the deceased fell down under the train. The train ran over the deceased, as a result of which he died. The post-mortem of the deceased was performed. The doctors opined that the deceased died due to multiple injuries.